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(a)     for the purposes of section 124E(1)(h), the requirements of subsections (2) to (8); and

(b)     for the purposes of section 124J(1)(b), the requirements of subsections (2) to (11).

(a)     that the code confers on subscribers the right to bring a subscriber appeal and, in the case of a technical obligations code, a further right of appeal to the First-tier Tribunal;

(b)     that there is a person who, under the code, has the function of determining subscriber appeals;

(c)     that that person is for practical purposes independent (so far as determining subscriber appeals is concerned) of internet service providers, copyright owners and OFCOM; and

(d)     that there are adequate arrangements under the code for the costs incurred by that person in determining subscriber appeals to be met by internet service providers, copyright owners and the subscriber concerned.

(a)     that the apparent infringement to which the report relates was not an infringement